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PART IV.
61-356
OF THE PROCEEDINGS IN CRIMINAL ACTIONS PRO-
SECUTED BY INDICTMENT,.
TITLE I. Of the local jurisdiction of public offences, ......... 61-67
II. Of the time of commencing criminal actions,........ 67, 68
III. Of the information, and proceedings thereon to the com-
mitment, inclusive,....
9-103
IV. Of the proceedings after commitment, and before in-
dictment, ...
104-136
V. Of the indictment,
137-175
VI. Of the proceedings on the indictment before trial,.. 177–273
VII. Of the trial, .
204-237
VIII. Of the proceedings after trial, and before judgment, 237-254
.....
Of the local jurisdiction of public offences,..
SECTION 127. Jurisdiction of offences committed in this state,..
128.
.......
When the offence is commenced without, but consummated
within this state,...
129. When an inhabitant of this state is concerned in a duel out
of the same, and a party wounded dies therein,..........
130. When an inhabitant of this state leaves the same, to elude
the statutes against duelling,......
131. When an offence is committed partly in one county and
partly in another, .......
63
132. When an offence is committed on the boundary of two or
more counties, or within five hundred yards thereof,....
134. Of indictment for kidnapping, enticing away a child, or
abduction,
64
135. Of indictment for bigamy or incest, when committed in one
county and defendant apprehended in another,
136. When property is feloniously taken in one county and
brought into another,...........
137. Of an indictment against an accessary after the fact,.......
138. Conviction or acquittal in another state, a bar, where the
jurisdiction is concurrent,.....
139. Conviction or acquittal in another county, a bar, where
the jurisdiction is concurrent,
[CRIM. CODE.]
B
99
TITLE II.
...
Of the Time of commencing Criminal Actions, ....
SECTION 140.
141.
67
... 67,68
Prosecution for murder may be commenced at any time,....
Limitation of two years, in indictments for personating
another and marrying in such assumed character, and for
abduction and seduction........
142. Limitation of three years, in all other cases,
143. Exception, when defendant is out of the state,...
68
144. Indictment deemed found, when presented in court and filed, 68
TITLE III.
Of the Information, ard Proceedings thereon to the commitment
ment inclusive,....
CHAPTER I. The information,......
II. The warrant of arrest,.
III. Arrest by an officer, under a warrant,.
IV. Arrest by an officer, without a warrant,
V. Arrest by a private person,........
VI. Re-taking, after an escape or rescue,.
.... 69-103
69, 70
70-75
76-80
80, 81
82, 83
83
83-103
VII. Examination of the case, and discharge of the defendant
or holding him to answer,..
SECTION 148. Examination of the prosecutor and his witnesses, upon
the information,...............................
149. Depositions, what to contain,........
71
150. In what case warrant of arrest may be issued,..
151. Form of the warrant,...................
152. Name or description of the defendant, in the warrant, and
statement of the offence, ......
153. Warrant to be directed to and executed by a peace officer,
154. Who are peace officers,..................
To what peace officers warrant to be directed, and when
and how to be executed in another county,....................................
157. Endorsement on the warrant, for service in another county,
how and upon what proof to be made,.....
158. Defendant to be taken before the magistrate issuing the
warrant, or another magistrate in the same county,.............
159. Defendant, arrested for a misdemeanor in another county,
to be taken before a magistrate therein, and admitted to
bail,
160. Proceedings on taking bail from the defendant, in such case,
161. Proceedings, where he is admitted to bail in such case, but
bail is not given,....
162. Before what magistrate in the same county, defendant is
to be taken, when the magistrate issuing the warrant is
unable to act,
......
163. Defendant, in all cases to be taken before a magistrate,
without delay,.........................
164. If defendant taken before another magistrate than the
one who issued the warrant, depositions to be sent to the
magistrate, or witnesses to be examined anew,................
CHAPTER III.
Arrest by an officer, under a warrant,
SECTION 165. Arrest, defined,
.76-80
166. By whom an arrest may be made,..
78
167. Every person bound to aid an officer in an arrest,.
168. When the arrest may be made,
79
169. How an arrest is made,
170. No further restraint allowed, than is necessary to arrest
and detention of defendant,..
....
171. Officer must state his authority, and show warrant, if re-
quired,....
172. If defendant flee or resist, officer may use all necessary
means to effect arrest,...
173, 174. When officer may break open a door or window,....
81
176. May break open a door or window, if a 'mittance refused,
177. May arrest at night, on reasonable suspicion of felony,....
178. Must state his authority, and cause of arrest, except where
party is committing felony or is pursued after escape,
179. May take before a magistrate, a person arrested by a by-
stander, for breach of the peace,....
180. Magistrate may commit by verbal or written order, for offences committed in his presence,
182. Must inform the party of the cause of arrest, except when
actually committing the offence or on pursuit after es-
cape,......
183. May break open a door or window, if admittance refused,...
184. Must immediately take prisoner before a magistrate, or de-
liver him to a peace officer,
82
CHAPTER VI.
Re-taking, after an escape or rescue,
SECTION 185. May be at any time, or in any place in the state,
186. May break open a door or window, if admittance refused,..
CHAPTER VII.
Examination of the case, and discharge of the defendant, or hold-
ing him to answer,.
.83-103
SECTION 187. Magistrate to inform defendant of the charge, and his right
188. Time to send, and sending for counsel,
189. On appearance of counsel, or waiting for him a reasonable
time, examinationto proceed,....................
190. When to be completed. Adjournment,
191. On adjournment, defendant to he committed, or discharged
193. Depositions, to be read on examination, and witnesses ex-
amined,...
194. Examination of witnesses to be in presence of defendant,
and witnesses to be cross-examined in his behalf,......
Defendant to be informed of his right to make a statement,
196. Waiver of his right, and its effect,
195.
197, 198. Statement, how taken,
199. How reduced towriting, and how authenticated,
..........
200. After statement or waiver, defendant's witnesses to be ex-
amined,
201. Witnesses to be kept apart,...
202. Who may be present at examination,...
95
204. Depositions and statement, how and by whom kept,.
205. Violation of last section, a misdemeanor,....
96
206. Defendant entitled to copies of depositions and statement,
207. Defendant, when and how to be discharged,
208. When and how to be committed,
217. Witness to be committed, on refusal to give security for appeurance,
214. Undertaking of witnesses to appear, when and how taken,
215. Security for appearance of witnesses, when and how required
216. Infants and married women may be required to give se-
curity for appearance as witnesses,...
101
102
218. Witness, unable to give security, may be conditionally ex-
amined,..........
219. Last section not applicable to prosecutor or accomplice,... 220. Magistrate to return depositions, statement and under- takings of witnesses, to the court,....
TITLE IV.
Of proceedings after commitment, and before indictment,.... 104-136
SECTION 221, 22. Public offences, how prosecuted,.
104
CHAPTER II.
Formation of the grand jury,. . . . .
105-114
SECTION 223. Grand jury defined,
224-227. For what courts to be drawn,
228. If sixteen grand jurors do not appear, additional number
to be ordered,..
229, 230. Manner of designating the additional grand jurors,....
231. Summoning the additional grand jurors, and compelling
their attendance,..........
232. When new grand jury may be summoned for the same court
233. Manner of drawing the new grand jury,.........................
105
105, 106
107
108
234. Summoning the new grand jury and compelling their at-
tendance,
109
235. Number to constitute a grand jury,......
236. Grand jury, how drawn when more than a sufficient number
attends,
237. Who may challenge the panel or an individual grand juror,
238. Causes of challenge to the panel,
110
239. Causes of challenge to an individual grand juror,..
240. Manner of taking and trying the challenges,..
111
241. Decision upon the challenge,....
242. Effect of allowing a challenge to the panel.
243, 214. Effect of allowing a challenge to an individual grand
juror, ....
245. Appointment of foreman,...
112
246, 247, 248. Oath of the foreman and the other grand jurors,.. 112, 113
Powers and duties of the grand jury,
SECTION 253. Power of grand jury to inquire into all public offences com-
mitted or triable in the county, and to proceed by present-
ment or indictment,
129
254. When defendant has been held to answer, grand jury may
indict, ...
255. In all other cases, they can proceed by presentment only,.
259, 260. Evidence receivable before the grand jury,......
261. Grand jury not bound to hear evidence for the defendant,
but may order explanatory evidence to be produced,.......
130